1995-0912_ORANGE ,COUNTY OF_G1b_Agenda Report0 0
AGENDA ITEM September 19, 1995
TO: Honorable Mayor and City Council
FROM: George Scarborough, City Manager
SUBJECT. Ratification of a Memorandum of Understanding with the County of Orange
Regarding the Prima Deshecha Landfill
By motion, ratify the City Council action in approving the Memorandum of
Understanding Regarding the Prima Deschecha Landfill between the City of
San Juan Capistrano and the County of Orange.
SITUATION:
After extensive discussions, County representatives have agreed to a number of key
measures necessary to mitigate the impacts of trash importation into the Prima Deshecha
landfill. The agreement is structured as a Memorandum of Understanding (MOU) between
the City and the County. A copy of the MOU is attached.
Two key elements of agreement are the delay of solid waste importation to Prima Deshecha
Landfill until 1997 and a greatly accelerated time frame for construction of the Antonio
Parkway extension. These elements will provide significant traffic relief for Ortega Highway
and upon completion of the Antonio Parkway extension, will result in an immediate
reduction in existing traffic of 5,900 vehicle trips per day. This represents 34% of the
present traffic. (Over the next 15 years, this will result in a reduction of 11,447,000 vehicle
trips on Ortega Highway, resulting in far fewer vehicles on Ortega Highway than what
would have been realized without importation). (See Attached Traffic Schedule)
The City had been vigorous in its opposition to solid waste importation earlier this year,
when Senate Bill (SB)17xx, sponsored by Senator Craven was making its way through the
legislature in emergency session. SB 17xx passed and the State permitted the County to
bypass California Environmental Quality Act requirements for solid waste importation.
However, the effectiveness of the City's opposition to SB 17xx resulted in the bill's
modification and provided the leverage necessary to protect and improve the quality of life
for San Juan Capistrano residents. The modified bill requires the County to obtain General
Plan consistency of the landfill operations before solid waste importation can occur.
FOR CITY COUNCIL AGEN �lk
Agenda Item -2- September 19, 1995
Because the County was forced by SB 17xx to bring its operating permit into compliance
with the City's requirements, the City has been able to negotiate significant concessions
from the County which will benefit the community greatly and mitigate the adverse
environmental impacts.
The settlement agreement between the City and the County requires the County to take
several measure to protect the environment and the quality of life in San Juan Capistrano
when importation begins. Important provisions of the MOU are as follows:
1. The County will initiate the process with the City to gain General Plan compliance
for the landfill itself. This process will require the preparation of an Environmental
Impact Report, an important point stressed by the City in its earlier opposition to
Senate Bill 17xx.
2. The County must begin construction of the Antonio Parkway extension between Oso
Parkway and Ortega Highway by December 31, 1996 for completion by May 31,
1999. This road will be very important to reducing traffic volume on Ortega
Highway. The first year it should bring a 34% reduction in traffic on Ortega
Highway. The Antonio Parkway Extension was not planned for completion until the
year 2010. By moving its completion forward, this will allow for a reduction of
11,447,000 traffic trips on Ortega Highway over these intervening years. This would
not be possible without the funds that importation fees will generate to pay for the
Antonio Parkway construction.
3. The County has agreed not to construct the Antonio Parkway extension as a toll
road, thereby encouraging its use upon completion.
4. Importation is prohibited until January, 1997 and may not exceed 2,000 tons per day
prior to completion of the Antonio Parkway extension.
5. If the Antonio Parkway extension is not completed within the stipulated time frame,
the County agrees to stop all importation to Prima Deshecha.
6. The County will maintain grades of landfill operations which protect the City's
ridgelines. No activity or material will be allowed to "silhouette" above major
ridgelines.
7. The County will construct an earthen berm to buffer residences located nearby the
landfill from noise of vehicles using La Pata, the access road to the landfill.
8. The County will establish a plan for financing the construction of a park over the
landfill site, when the landfill closes. It will be the County's ultimate responsibility
to construct a regional park at the landfill site.
Agenda Item -3- September 19, 1995
9. The County will pay the City eighty one (81) cents per ton for each ton of imported
waste deposited in the landfill. This fee is mitigation for landfill access only, not
compensation for acceptance of solid waste. This fee could generate as much as
$447,000 annually, depending on the amount of solid waste disposed at Prima
Deshecha. This money can be used to fund increased traffic enforcement along
Ortega Highway, additional hours of commercial vehicle enforcement, and fund road
and signalization improvements on Ortega Highway.
10. The County will limit the total tonnage for all trash to 4,000 tons per day for the life
of the landfill; approximately 70 years. This represents a significant limitation of the
potential impacts to San Juan Capistrano from long term use of the landfill.
11. Any out of county waste haulers using Prima Deshecha landfill must use a haul route
approved mutually by the County and the City.
12. Any imported solid waste must be brought in transfer trailer vehicles, approximately
twenty tons of cargo, each so as to reduce traffic impacts. The use of these vehicles
will mean fewer trips.
Approval of the Memorandum of Understanding is scheduled for County Board of
Supervisor consideration on September 12. This agreement will become part of the
settlement plan for the County's bankruptcy.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
None
FINANCIAL CONSIDERATIONS:
Under the terms of the Memorandum of Understanding the County will pay the City
eighty one (81) cents per ton for each ton of imported waste deposited in the Prima
Deshecha Landfill. This fee could generate as much as $447,000 annually.
PUBLIC NOTIFICATION:
A media release has been distributed to all news media representatives regarding this item.
Additionally, interested residents living in the vicinity of Ortega Highway and the landfill
have been notified.
Agenda Item
ALTERNATE ACTIONS:
40
-4- September 19, 1995
1. Ratify the City Council action in approving the Memorandum of Understanding
Regarding the Prima Deshecha Landfill between the City of San Juan Capistrano
and the County of Orange.
2. Do not ratify the Memorandum of Understanding Regarding the Prima Deshecha
Landfill between the City of San Juan Capistrano and the County of Orange.
3. Continue the item and request additional information from staff.
RECOMMENDATION:
By motion, ratify the City Council action in approving the Memorandum of
Understanding Regarding the Prima Deschecha Landfill between the City of
San Juan Capistrano and the County of Orange.
Attachments: 1.
2.
MOU
Traffic Schedule